Last year in December, Iraqi refugee Amir A. was brought into Vienna, Austria as part of an integration process into Austrian society. With a 15-year-old translator provided, Amir one day decided to go to the public Theresienbad pool in Vienna. There, Amir proceeded to kidnap and rape a 10-year-old boy against his will in a sealed off locker room.
Amir claims his sexual assault of the minor was a “sexual emergency,” since he had not had sex for four months. The Iraqi foreigner and assailant became a taxi driver in Vienna after he migrated to the country in September 2015. When asked if such sexually violent actions were legal in his home country of Iraq, Amir admitted he knew that “such acts were forbidden in any country of the world.”
The court found Amir guilty of grave sexual assault and rape of a minor, originally sentencing him to six years in prison. The victim’s family was awarded €4,730 (US$5,150) in compensation after prosecutors described the boy as suffering “profound despair,” newspapers reported. The mother of the victim said her son suffers from severe frightening panic attacks, and can only sleep with the help of medication in order to prevent his mid-night “screams and cries.”
On Thursday however, the original conviction has now been overturned after the Supreme Court in Austria concluded that the 20-year-old attacker may have been “unaware the boy did not want to be abused.” The written claim for the overturning is due to that the conviction of rape cannot be officially proved.
The retrial will now be held in 2017. Amir will be held in custody until then. If the attacker is proven to be guilty in the new trial, he could face up to fifteen years in prison.
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